Whitmore v. Avery’s Empirical Analysis
26 F.3d 1426 · 1994
Citation profile
12 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 16 later decisions — most recently January 2011
12 federal appellate · 1 district · 2 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)
Relies on Strickland v. Washington · Chapman v. State of California · United States v. Olano · Coleman v. Thompson · Thomas v. Arn
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Randall Whitmore was not well served by the Nebraska bar in this case. Trial counsel labored under a patent conflict of interest, the trial judge failed to inquire of Whitmore about this conflict, appellate counsel failed to raise the trial judge’s failure to inquire as error, and postconviction counsel failed to raise appellate counsel’s failure. Again and again Whitmore’s various counsel' have fallen below acceptable levels of representation in their work on his behalf. The failures, however, did not end there. When trial counsel’s constitutionally deficient performance was raised to the Nebraska Supreme Court in Whit-more’s motion for posteonviction relief, that court also failed Whitmore in arbitrarily holding the claim procedurally barred. Whitmore is again failed by this court’s acceptance of that bar as adequate, and it is on this basis that I must dissent.”
1 later decision quote this exact passage · from the dissente.g. Whitmore v. Avery“broad range of professional competence Strickland permits,”
1 later decision quote this exact passage · from the majoritye.g. Mayes v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.